January 2021 Global International Arbitration Update Pursuant to the Scheme, (1) arbitrators, (2) expert TABLE OF CONTENTS and factual witnesses, (3) counsel and (4) parties to the arbitration who are nationals of countries who • Legal Updates 1 may visit Hong Kong visa-free and are in possession of a letter of proof (“Letter of Proof”) are allowed • Case Law Updates 7 to participate in arbitral proceedings in Hong Kong • Firm Updates 17 as visitors without a need to obtain employment visas. • Mayer Brown Key Upcoming Events 18 For administered arbitrations, a Letter of Proof shall • Mayer Brown Key Past Events 19 be issued by one of the following arbitral • Mayer Brown Publications 21 institutions: • HKIAC • CIETAC Legal Updates • Hong Kong Arbitration Center • ICC – Asia Office ASIA • Hong Kong Maritime Arbitration Group • South China International Arbitration Center GOVERNMENT LAUNCHES PILOT (HK) SCHEME ON FACILITATION FOR PERSONS PARTICIPATING IN ARBITRAL • eBRAM PROCEEDINGS IN HONG KONG For ad hoc arbitrations, a Letter of Proof shall be 29 June 2020: The HKSAR Government launched issued by the venue providers: the HKIAC or the the Pilot Scheme on Facilitation for Persons Department of Justice. Participating in Arbitral Proceedings in Hong Kong The length of stay in Hong Kong for participating in (the “Scheme”). The Scheme aims to facilitate the arbitral proceedings shall not exceed the visa-free participation of non-Hong Kong residents in arbitral period in force for the respective countries. Persons proceedings in Hong Kong to strengthen its eligible under the Scheme remain subject to position as an international centre for legal and current COVID-19 restrictions on entering Hong dispute resolution services in the Asia Pacific Kong. Region. ONLINE PLATFORM LAUNCHED FOR HK-PRC INTERIM MEASURES SETTLING PANDEMIC-RELATED ARRANGEMENT: HKIAC UPDATE DISPUTES 27 August 2020: The Hong Kong International 29 June 2020: The Hong Kong eBRAM Arbitration Centre (the “HKIAC”) reported that, International Online Dispute Resolution Centre since 1 October 2019, it has processed 25 Limited launched its COVID-19 Online Dispute applications made to the Mainland Chinese courts Resolution Scheme (the “Scheme”). Its purpose is for interim measures under the Arrangement to efficiently and cost-effectively deal with disputes Concerning Mutual Assistance in Court-ordered related to the COVID-19 pandemic globally and Interim Measures in Aid of Arbitral Proceedings by locally. To be eligible for the Scheme: the Courts of the Mainland and of the Hong Kong Special Administrative Region (the 1. The dispute must be directly or indirectly “Arrangement”). related to COVID-19; The Arrangement empowers parties to arbitral 2. The claim amount must be HK$500,000 or less; proceedings in Hong Kong administered by the and HKIAC (or another qualified arbitral institution) to 3. Either one of the parties in the dispute (claimant apply to Mainland Chinese courts for interim or respondent) must be a Hong Kong resident measures in relation to the arbitral proceedings. or company. According to the HKIAC, 24 of the applications The registration fee for the Scheme is USD 200 for sought the preservation of assets and the other each party. The fees for the mediators and/or requested preservation of evidence. Approximately arbitrators are to be paid by the Hong Kong 70% of the applications were made by parties from government. jurisdictions outside Mainland China. Under the Scheme, after registration, the parties are The HKIAC stated it was aware of 17 successful first encouraged to negotiate a resolution of their applications granted under the arrangement and dispute, failing which, there will be a mediation. If the total value of assets preserved following these mediation proves unsuccessful, the parties will decisions amounted to approximately RMB 8.7 proceed to arbitration for a final and binding award. billion. The negotiation and mediation stages shall each These statistics are a testimony to the success and take 3 days, or such other time as the parties may the high level of interest in the Arrangement. They agree. The arbitration must commence and provide a reason for parties to continue to select conclude, producing an award, within 5 weeks. Hong Kong as the seat of arbitration, given that Hong Kong is currently the only jurisdiction with HKIAC “WOMEN IN ARBITRATION” such an arrangement with Mainland China. ESTABLISHES ITS FIRST COMMITTEES 19 August 2020: The Hong Kong International SINGAPORE CONVENTION ON Arbitration Centre Women in Arbitration (“WIA”) MEDIATION ENTERS INTO FORCE AND initiative established the first WIA Committee and OTHER MEDIATION DEVELOPMENTS IN Executive Committee. SINGAPORE The WIA Committee will be responsible for shaping 12 September 2020: The Singapore Convention the policies and activities of WIA for the purpose of came into force on 12 September 2020, with 53 promoting gender diversity in arbitration and related countries having signed the convention thus far. As practice areas in China. The Executive Committee at the time of publication, six member states have will work with the WIA Committee members to help ratified the convention: Ecuador, Fiji, Singapore, implement such policies and activities. Qatar, Saudi Arabia and Belarus. Launched in February 2018, the WIA’s objective is The Convention applies to international settlement to provide a forum to consider and discuss current agreements resulting from mediation, and enables topics, grow networks and business relationships, parties to easily enforce and invoke such settlement and develop the next generation of leading female agreements across borders, before the national practitioners. courts of participating member states. 2 | Global International Arbitration Update In keeping with the spirit of facilitating mediation The RCEP will create the most populous trade area across borders, the Singapore International in the world, and includes three economic Mediation Centre (“SIMC”) has worked to ink heavyweights – Japan, China and South Korea. The mediation-related agreements with the Shenzhen RCEP is anticipated to allow manufacturers to Court of International Arbitration (“SCIA”) and the develop new markets across the region, and to Japan International Mediation Centre (“JIMC”). build more seamless supply chains throughout the RCEP bloc. In September 2020, the SIMC and the JIMC launched the JIMC-SIMC Covid-19 Protocol which SIAC OPENS NEW YORK OFFICE AS US allows parties along the Singapore-Japan corridor PARTIES TOP ITS FOREIGN USER to have mediations jointly administered by both RANKINGS institutions. One of its main benefits is the appointment of two mediators, with one from each 3 December 2020: The Singapore International institution, to preside over the mediation, catering Arbitration Centre (“SIAC”) launched its office in to cultural sensitivities across parties. New York, its first representative office outside of Asia. The New York office adds to five other SIAC AMENDMENTS TO THE INTERNATIONAL offices, located in Singapore, Mumbai, Gujarat, Seoul and Shanghai. ARBITRATION ACT 5 October 2020: The Singapore Parliament has The New York office is envisioned to service US passed legislation to amend the country’s parties at the SIAC. Indeed, statistics over recent International Arbitration Act (Cap. 143A), years have shown that US parties are consistently introducing two main changes to the existing Act. among the top foreign users of the SIAC, with US The first change introduces default processes and parties ranking as the top foreign user at the SIAC timeframes for appointing arbitrators to the tribunal in 2018, and among the top 4 foreign users in 2019. in multi-party arbitrations, in cases where parties’ agreements do not specify an appointment procedure. The second change expressly grants EUROPE AND THE MIDDLE EAST the Singapore High Court and arbitral tribunals the power to make orders or give directions to enforce DRAFT PROTOCOL FOR ONLINE CASE confidentiality obligations between parties. MANAGEMENT RELEASED The changes are two of six proposals put forward in 1 July 2020: Representatives from six international the country’s Ministry of Law’s consultation paper in law firms launched a draft protocol for online case June last year, the remaining four of which were not management in international arbitration. The ultimately tabled before Parliament. The changes protocol addresses the lack of guidelines with should strengthen Singapore’s legal framework for regards to the use of case management technology international arbitration ensuring it remains a highly and aims to assist arbitration participants in the attractive seat of arbitration. adoption of technologies in a safe and efficient manner. REGIONAL TREATIES AND According to the protocol, an online case NEGOTIATIONS management platform refers to “software that enables arbitral participants to store, share, 15 November 2020: After approximately 7 years of manage and edit case related documents and other protracted negotiations, including a withdrawal by data in a single, shared, permissioned repository”. India, leaders of fifteen Asia-Pacific countries signed the Regional Comprehensive Economic In light of technological advancements and the Partnership (“RCEP”) trade agreement on 15 impact of COVID-19, the use of technology in the November 2020. international arbitration arena has increased. Online case management platforms “drive time and cost The 15 RCEP countries are: Australia, China, Japan, efficiencies throughout